WHAT IS A WORK VISA? WHAT ARE THE CONDITIONS FOR APPLYING FOR A WORK VISA FOR FOREIGN WORKERS?
QUESTION
Dear TLK Law Firm, we hope to have your company answer the following question: My company is a Chinese enterprise and has established a subsidiary in Vietnam. Currently, my company is in need of transferring some workers to work at a subsidiary in Vietnam, but I still do not clearly understand some issues related to visa issuance for foreign workers in Vietnam. So I wonder, how is a work visa understood? What are the conditions for applying for a work visa for foreign workers? Looking forward to your company's answer. Thank you!
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Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/Qh13 passed by the National Assembly on June 16, 2014;
3. Law amending and supplementing a number of articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 51/2019/QH14 passed by the National Assembly on November 25, 2019;
4. Decree No. 152/2020/ND-CP issued by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;
5. Circular No. 04/2015/TT-BCA issued by the Ministry of Public Security on January 5, 2015 stipulating sample documents related to the entry, exit, and residence of foreigners in Vietnam;
6. Circular No. 31/2015/TT-BCA issued by the Ministry of Public Security on July 6, 2015 guiding a number of contents on visa issuance, temporary residence card issuance, entry and exit permits, and handling Permanent residence for foreigners in Vietnam;
7. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
Currently, trade activities between Vietnam and countries around the world are taking place increasingly strongly. Along with that, more and more Vietnamese people are going abroad to work as well as more foreign workers coming to Vietnam to work. But, because of defense and security factors, the entry of foreigners, including foreign workers, is extremely strictly controlled. Therefore, foreign workers who want to enter Vietnam are required to register for a work visa at the competent authority. However, when carrying out this procedure, you are very confused and do not clearly understand Vietnam's regulations on work visas and conditions for applying for work visas for foreign workers. Through the article below, we - TLK Law Firm will help you answer questions related to What is a work visa? What are the conditions for applying for a work visa for foreign workers?
Photo 1. What is a work visa? What are the conditions for applying for a work visa for foreign workers._ Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO THE CONCEPT OF WORKER VISA AND CONDITIONS FOR APPLYING FOR A VISA FOR FOREIGN WORKERS
1. What is a work visa?
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), a visa is a type of document issued by a competent Vietnamese agency to allow foreigners to enter Vietnam.
Accordingly, a work visa is understood as a visa issued to workers working in Vietnam. Only when granted a visa, foreign workers working in Vietnam are allowed to enter Vietnam.
=> See more: What is an investment visa? Components of an investment visa application document?
2. Conditions for applying for a work visa for foreign workers in Vietnam
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), foreign workers entering Vietnam to work and be granted a work visa must meet the following requirements:
(1) Have a passport or valid international travel document;
(2) There is an agency, organization or individual in Vietnam inviting or sponsoring, except for cases specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended, supplement 2019);
(3) Not falling into the cases of not allowing entry as prescribed in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019);
(4) Foreigners working must have a work permit according to the provisions of the 2019 Labor Code.
3. Symbols and classification of work visas
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), work visas include 2 types as follows:
(1) LĐ1: Issued to foreigners working in Vietnam with confirmation that they are not subject to a work permit, unless an international treaty to which Vietnam is a member has other provisions.
(2) LĐ2: Issued to foreigners working in Vietnam who are required to have a work permit.
II. PROCESS FOR IMPLEMENTING WORK VISA APPLICATION PROCEDURES
1. Steps to carry out procedures for applying for a work visa
Step 1: Foreign workers working in Vietnam prepare an application for a work visa including required papers and documents;
Step 2: Foreign workers working in Vietnam submit a visa application to the visa-issuing authority;
Step 3: The competent visa-issuing agency receives, evaluates and requests amendments and supplements, in case the documents are invalid;
Step 4: The visa-issuing authority decides to issue a work visa;
Step 5: Foreign workers working in Vietnam receive the results.
2. Process for handling work visa application procedures
A. Profile components
To be granted a work visa, workers must carry out work visa application procedures at the competent authority. Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), work visas are issued to workers working in Vietnam with many forms such as:
- Issuing electronic work visas;
- Issuing work visas at Vietnamese visa-issuing agencies abroad;
- Issuing work visas at international border gates;
- Issuance of work visas at immigration management agencies and competent agencies of the Ministry of Foreign Affairs.
However, in any case, the person carrying out the work visa procedure must prepare a dossier including the following papers and documents:
1. Visa application form according to the prescribed form;
2. Passport (original);
3. Portrait photo 4cm x 6cm;
4. Official dispatch requesting approval and inspection of foreign personnel entering the country;
5. Legal documents of the inviting and guaranteeing business/company include: company business registration, seal registration form, documents certifying full tax payment (certified copies);
6. Introductory document with signature and seal of an authorized person of the organization;
7. If applying for a visa of less than 03 months for experts, managers or high-tech workers to work in Vietnam: Documents proving corresponding to the entry category;
8. If applying for a visa for 3 months or more: Certified copy of work permit or work permit exemption certificate for cases exempted from work permit;
9. Other documents as required by the competent authority (if any).
B. Resolution agency
- In case of electronic work visa issuance: Immigration Department;
- In case of issuance of a work visa at a Vietnamese visa-issuing authority abroad: The Vietnamese visa-issuing authority abroad shall follow the direction of the competent authority of the Ministry of Foreign Affairs;
- In case of issuance of work visa at international border gate: Immigration Control Unit;
- In case of issuance of a work visa at the immigration management agency or competent agency of the Ministry of Foreign Affairs: Immigration Management Department or competent agency of the Ministry of Foreign Affairs.
C. Implementation results
Work visa (Employment visa).
E. Implementation time
- In case of issuance of an electronic work visa: 03 working days from the date of receiving complete information requesting an electronic visa and visa issuance fee;
- In case of issuance of a work visa at a Vietnamese visa-issuing authority abroad: 03 working days from the date of receipt of notification from the immigration authority or competent authority of Vietnam. Foreign Office;
- In case of issuance of a work visa at the international border gate: right at the time of entry, after the immigration control unit checks and compares with the notice of the immigration management agency;
- In case of issuance of a work visa at the immigration management agency or competent agency of the Ministry of Foreign Affairs: 05 working days from the date of receipt of complete documents.
=> See more: What is a visiting visa? Who are eligible to be issued and sponsored for a Vietnam visit visa?
III. SUMMARY OF THE ANSWER SECTION: WHAT IS A WORK VISA? WHAT ARE THE CONDITIONS FOR APPLYING FOR A WORK VISA FOR FOREIGN WORKERS?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
Work visa is a visa that Vietnamese competent authorities grant to foreign workers to work in Vietnam. This is a required document to enter Vietnam as a worker (except for some visa-exempt cases).
To be granted a work visa, foreign workers coming to work in Vietnam must meet the conditions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended, 2019 Supplement), these conditions include:
(1) Have a passport or valid international travel document;
(2) There is an agency, organization or individual in Vietnam inviting or sponsoring, except for cases specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended, supplement 2019);
(3) Not falling into the cases of not allowing entry as prescribed in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019);
(4) Foreigners working must have a work permit according to the provisions of the 2019 Labor Code.
Thus, only when these conditions are met will foreign workers be granted a work visa and allowed to enter Vietnam to work.
=> See more: Types of visas for foreigners in Vietnam. What are the regulations for visa sign?
Photo 2. What is a work visa? What are the conditions for applying for a work visa for foreign workers._ Hotline: 0972118764
IV. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
=> See more: What is Visa? Cases of visa exemption? Visa validity period?
V. SOME QUESTIONS RELATED TO WORK VISA
Question 1: How long is the work visa?
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), the duration of a work visa is no more than 02 years for both DT1 and DT2 work visa cases.
Question 2: Are foreign workers who are granted a work visa but after entering Vietnam do not work but do other jobs, will they be fined?
Pursuant to Decree No. 144/2021/ND-CP, foreigners are granted work visas for the purpose of working in Vietnam but after entering Vietnam they do not work as the purpose of the visa, will be fined from 15,000,000 VND - 20,000,000 VND.
Question 3: Are foreign workers entering Vietnam to work in special administrative and economic units exempt from work visas?
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), foreign workers entering Vietnam to work in the administrative unit area - Special economic status are exempted from work visa. In addition, foreign workers can also be exempted from work visas if they fall into one of the following cases:
(1) According to international treaties to which Vietnam is a member;
(2) Use permanent residence card and temporary residence card according to regulations;
(3) Entering border gate economic zones, special administrative-economic units;
(4) Entering the coastal economic zone decided by the Government when all conditions are met: having an international airport; have separate space; has a defined geographical boundary, separate from the mainland; consistent with socio-economic development policies and does not harm Vietnam's national defense, national security, social order and safety;
(5) Other cases specified in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019);
(6) Vietnamese residing abroad who have passports or valid international travel documents issued by competent foreign agencies and foreigners who are their spouses and children; Foreigners who are spouses and children of Vietnamese citizens are exempt from visas according to Government regulations.
=> See more: Fast and reputable service for applying/extending/re-issuing work permi
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
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Administrative Procedures Department - TLK Law Firm
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